Territorial jurisdiction

You have stated, inter alia, that, "after amendment of plaint schedule properties  , trial court lost has territorial jurisdiction....

Territorial jurisdiction is governed by Section(s) 15 & 16 of the Code of Civil Procedure, 1908 which reads as:

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SECTION 15, 16 OF CODE OF CIVIL PROCEDURE 1908

Court in which suits to be instituted? What is the meaning Suits to be instituted where subject matter situate? Section 15 and 16 of Code of Civil Procedure 1908

Court in which suits to be instituted and Suits to be instituted where subject matter situate are defined under Section 15 and 16 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 15 of Code of Civil Procedure 1908 "Court in which suits to be instituted"

Every suit shall be instituted in the Court of the lowest grade competent to try it

Section 16 of Code of Civil Procedure 1908 "Suits to be instituted where subject matter situate"

Subject to the pecuniary or other limitations prescribed by any law, suits

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,

(d) or the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

Explanation.- In this section "property" means property situate in 1[India].

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1. Subs. by Act 2 of 1951, s. 3 for "the States" (w.e.f. 1-4-1951).

Accordingly what do you want to say from the statement that "after amendment of plaint schedule properties..

It is a vague and confusing statement which can not lead to form proper opinion and oblige.

Simply put: "Territorial Jurisdiction means, a cour't power over a specified territory or region to make judicial decisions, and this is specified by law. In other words, territorial jurisdiction is a creation of statue as stated by the above experts. Territorial jurisdiction is not a discreation of the court or it is created by the consent of the parties in a dispute, but it is conferred by Statue on the courts, and if the Court fail to exercisae or excedded its jurisdiction it amounts to Jurisdictional error which is always viewed  seriously. .

Sir Plaint amended by removing some of items in plaint schedule properties AND as a result present trial court where case was filed 9 years ago doesnot have territorial jurisdiction over the remaining plaint schedule properties.

only 2 out of 4 defendants cross examined till now.

defendant took stand saying court doesnt have jurisdiction any more as result of removing some items in plaint schedule of properties. can the present trial court still try the case? any remedy to retain the territorial jurisdiction?

The query appears to be repeated.

Originally posted by : Mahesh

Sir Plaint amended by removing some of items in plaint schedule properties AND as a result present trial court where case was filed 9 years ago doesnot have territorial jurisdiction over the remaining plaint schedule properties.only 2 out of 4 defendants cross examined till now.defendant took stand saying court doesnt have jurisdiction any more as result of removing some items in plaint schedule of properties. can the present trial court still try the case? any remedy to retain the territorial jurisdiction?

What do you want to say as you have stated that the case was filed 9 years ago doesnot have territorial jurisdiction, accordingly how does the Court entertain ? However, if entertained / admitted the defendant did not notice and emphasised to get it preliminary issue qua jurisdiction ? Such glaring mistake can not happen, hence it is an UNBELIEVABLE statement. 

Amendment of suit property debarring territorial jurisdiction of the Adjudicating case (where case is stated to be pending) cannot be permitted.

Fabricated and unbelievable facts